| New York (State) - Civil procedure - 1916 - 1682 pages
...presumptive evidence of consideration. A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not sealed. -j ,JI From 2 RS 406 (Part 3, c. 7, lit. 3), $ 77. (^ $ 841. [Am'd,... | |
| Reuben Knox - Mortgages - 1918 - 574 pages
...parties." Not a mortgage case. Knorr v. Lloyd, 47 Ad. 54 (Chan. 1900). In Com. Stat. p. 2240, section 66, "The seal thereof shall be only presumptive evidence...be rebutted as if such instrument was not sealed." 35. Voluntary Mortgage. "The mortgage [given to protect property against an anticipated judgment] was... | |
| New York (State) - Civil procedure - 1919 - 688 pages
...presumptive evidence of consideration. A seal upon an executory instrument, hereafter executed, is only presumptive evidence of a sufficient consideration, which may be rebutted, as if the instrument was not scaled. (Am. by L. 1877, ch. 416.) Derivation. — RS, pt. 3, ch. 7. tit. Y.... | |
| New York (State). Legislature - New York (State) - 1919 - 1508 pages
...instrument as evidence of consideration. A seal upon an executory instrument^, hereafter executed,] is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. [Code g 840. Board's Evidence Law, § 110.] § 358. Testimony of party... | |
| New York (State) - Session laws - 1920 - 930 pages
...on executory instrument as evidence of conI s40 sideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. same, § 343. Testimony of party may be rebutted. The testimony of a... | |
| New York (State) - 1920 - 1210 pages
...342. Seal on executory instrument as evidence of consideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. same, § 343. Testimony of party may be rebutted. The testimony of a... | |
| Wisconsin. Supreme Court, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold, Arnold LeBell - Law reports, digests, etc - 1920 - 784 pages
...was signed, provides, "A seal upon an executory instrument hereafter executed shall be received as only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed." See, also, Carey v. Dyer, 97 Wis. 554, 73 NW 29. If the court meant... | |
| George Purcell Costigan - Contracts - 1921 - 1544 pages
...The statute reads: 'That in every action upon a sealed instrument or where a set-off is founded on a sealed instrument, the seal thereof shall be only...be rebutted, as if such instrument was not sealed,' etc. "Suppose the presumption that the seal carries with it, that there is a sufficient consideration,... | |
| New York (State). - Civil procedure - 1921 - 904 pages
...342. Seal on executory instrument as evidence of consideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. Source — CCP § 840 unchanged— Eevisers' Note. Star (*) means read... | |
| Civil procedure - 1921 - 1502 pages
...342. Seal on executory instrument as evidence of consideration. A seal upon an executory instrument is only presumptive evidence of a sufficient consideration, which may be rebutted as if the instrument was not sealed. Derivation. — Code civ. proc., § 840, as am. by L. 1877, Y. Supp.... | |
| |